AREAS OF PRACTICE

Antitrust & Trade Regulation

Our antitrust litigators have developed a broad base of experience with the full panoply of antitrust claims under all of the pertinent federal antitrust laws, including the Sherman Act, Clayton Act, and Robinson-Patman Act, and their state law counterparts. We have successfully represented clients on a vast array of antitrust issues, such as monopolization; vertical and horizontal non-price restraints (including distribution territory allocations, refusals to deal, tying, and trade or industry associations); price fixing; predatory pricing; price discrimination; and other restraints of trade. We are intimately familiar with the interplay between these laws and various common law business torts.

Our antitrust litigators also have represented clients with respect to claims under various protectionist state statutes such as sales-below-cost statutes, franchising statutes, and fair merchandising acts. In addition, we have extensive experience with industry-specific laws regulating specialized businesses such as petroleum marketers, vehicle marketers, dairies, and distillers. When, as is frequently the case, antitrust issues overlap with franchise and distribution issues, we work closely with attorneys in our Franchise and Distribution Litigation practice area.

Our experience covers a wide spectrum of industry groups, from institutional health care providers, such as hospitals, managed care entities, and joint ventures, to motor fuel marketers, food and beverage companies, machinery firms, technology firms, and distributors and retailers of a varied assortment of consumer goods and services. Although our antitrust work is principally on behalf of defendants, we have represented plaintiffs on selected occasions.

This experience in litigating antitrust matters allows us to counsel our business clients in an effort to successfully avoid antitrust pitfalls and the resulting costly and protracted litigation they often entail. Similarly, when litigation is unavoidable, our experience allows us to immediately and accurately assess our clients’ risks and exposure, and thereby develop the most cost-effective solution to those disputes, whether it be a vigorous defense, a negotiated business resolution, or a combination of the two.

For more information contact David M. Harris, who heads this practice area and can be reached at 314-516-2668 or dmh@greensfelder.com.

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